Just Asking For It

Emmalee Bauer worked as a sales coordinator for Sheraton Hotels in Des Moines. During work hours she kept a journal. Her supervisor told her not to write on company time. Bauer responded by entering all 300 pages of her handwritten journal onto her work computer’s hard drive. Her journal described how she avoided work by shopping online, playing games, reading message boards–and by entering the journal into the work computer. A supervisor discovered the journal, Bauer was fired for misusing company time, and she filed for unemployment compensation. She didn’t get it. Why? The Administrative Law Judge admitted the journal into evidence in the hearing on Bauer’s claim, and relied on it to support her decision. The judge said the journal showed Bauer’s refusal to work and her “amusement at getting away with it.” AP, Job Lesson No. 1: Don’t Write at Work About How to Avoid Work 23-Jan-07 Law.com Employment Law Practice Center (subscription required)


7 thoughts on “Just Asking For It”

  1. Honestly who does that? Was she really not expecting her employer to not find the journal. Having parents in the hotel business, I know for a fact that hotel computers are kept pretty basic. I’m suprised she had access to the internet and was even able to play games. Also, if her boss already caught her writing in her journal during work hours and gave her a verbal warning to stop doing it, then what did she expect when he did find the journal? And on the company’s computer of all places??

  2. she was told not to write on company time, so her response to this is to download all her journal entries on her work computer? whyyyy?!

    she deserves not to get compensation on grounds of stupidity

  3. Obviously, this woman was not too intelligent. The only privacy people have these days, is the privacy inside our heads. Anything written down can be seen, and let me tell you, any keystroke on a computer, can be logged, broadcasted, and view by anyone who pleases, whenever they please.

    Emmalee was wrong to continue her personal writing on the clock. There was no way she was going to win this case, at all.

  4. Emmalee Bauer had no right to waste company time. Keeping a journal record of the ways in which she cheated management was an egregious act. Anything written is concrete evidence. Uploading the evidence on the computer was also very unwise. Emmalee Bauer had no right to file for unemployment compensation; that request was out of the question. The company should have asked for compensation for all the time Bauer wasted during her employment. The company has the right to sue Emmalee for misuse of resources.

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